Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1887-05-13

i notes he generally told me whether the
parties were good. If he had told me he
knew nothing OF this party I would not
have let him have the money, because I
would have thought I might have trouble
getting it. If had known that McComb
had offered me bogus note | would have
had nothing to do with him. He always
told me of the G. & B. notes l bought, that
they were good and q. 4 B. told me the
same thing.
Q. by Commonwealth Mr.. McComb
has testified that if you had pressed for
! the payment of the note he would have
paid it to you.
| Wltness.-I have urged him to pay 1t at
| various times. Sometimes he said he
would pay it when he sold his wheat. and
at other times he would Say that he would
see Clinedinst & Bodell about it. | found
out that there was no M. S. Strain through
Mr.. G. E. Kemper. lawyer, whom CONSUL
| ted.
J. K. Nc Comb recalled, @. by Common
weaith.-Did you not last Spring and at
| other times year ago go to Mr.. D. Ben
Henton with paper of Clinedinst & Bodell
endorsed by you, and did not Heuton tell
you it was bogus
The defence objected to witness answer
| ing that question as not connected with
| the Strain note, andfhe Court sustained
| the objection.
Prov co51 ho ri hod n
that ruling in regard to another QUESTION,
I, but 1t did not apply to this one. McComb
had testified on the stand that he had
| gotten the Strain note from G. & B. and
| had no reason to suspect that 9. & B.
| were dealing in bogus paper. [ propose
to show that he. had reason and that on
three different occasions he had been told
that they were dealing IN bogus paper and
had passed some of it to him (McC.) And
that when he went to those parties and
| got the Strain note he had already been
informed and knew shat they were deal
| ing in bogus paper. Is it possible that
| my hands are to be Tied when am ready
to prove that he knew he was dealing
with forgers ?
Here there was loud applause in the
court room.
Mr.. Cochran-This is an outrageous
state of affairs: this bulldozing by specta-
tors in court room.
A voice-It is Sam Wilkes applauding
saw him.
Maj. Elder-Yes, it is Sam Wilkes, l
see him now hiding back in the crowd.
Mr.. Cochran-Let him come to the front
and not shirk behind others.
Mr.. Wllkes.-Here am. am not the
only one that is applauding, and am not
Sinking behind anybody. am here.
Mr.. Braxton.-I hope that none of this
unseeemly disturbance will be imputed to
me. Mr.. Braxton then went on TO argue
the admissibiliJy of his question. He de-
manded to know if when he offered to
show that so far from the accused having
no reason to believe that the note he gave
Murphy was bogus, he had every reason
to believe it was, had been informed that
the source from which he got it was deal
ing in bogus paper and bad already passed
to be overruled ? He wanted the
question answered because he would intro
duce evidence to show that the accused
went to buy bogus paper and went where
he already knew he would get it,
Mr. Craig objected, to the witness an
swering the question. What case was it
being tried here; the Strain note, or any
sort of irrelevant charge the prosecution
wishes to make? ae was willing to the
fullest investigation into the Strain
charge now, and other charges when they
might be brought, but the defence wanted
each charge to be brought by itself. When
the defence demanded yesterday to know
whether other parties were not in this pro-
secution. they were stopped, but to-day the
prosecution wants to reverse the situation
and itself introduce wholly irrelevant
evidence.
Mr.. Braxton reiterated his demand that
as the defendant had testified he had no
reason to suspect G. & B. OF dealing in
bogus paper, he should be permitted to IL
troduce testimony to show that he not
only had reason to believe it, but knew it.
Mr. Cochran said the court had already
ruled out this line of interrogatory on the
part of the Commonwealth three or four
times. The accused was a man who had
spent his life here and during all his life
had borne high character. He was the
peer of any man here; had never in his
| life been charged with an offence, anG such
facts as these ought to have some weight
at least in giving him fair and legal ex-
| animation.
The Ceurt.-The court rules the ques-
| ton out, Mr.. BraXton.
Mr.. BraXton.-Does the court rule that
| [ cannot show that when McComb got
| this paper from Clinedinst & Bodell he
knew they were dealing in bogus paper?
| The Court.-The court rules that you
must confne your evidence to the Strain
note, according to the rules of evidence.
Nj. Braxton.-Do you rule that 1 can
not contradict Mr.. McComb's testimony !?
The Court.-Yes; except about the
| Strain note.
| Mr.. BraXton.-Then l respectfully pro-
test against the ruling of the court. 1t is
| useless to introduce the other witnesses
l have here; they are all here to do that.
THE ARGUMENT OF THE CASE.
| The argument in the case was opened
| by Mr.. Braxton, who held there was
enough of evidence. without those of his
witnesses who could not be used, to war
rant the Mayor in sending the accused on
to the grand jury that he might have a
trial before jury.